The Court of Appeal panel reserved its decision after it listened the legal teams of the federal government and the IPOB leader, Nnamdi Kanu.
The Court of Appeal in Abuja, Tuesday, reserved judgement on the remaining seven count charge pending against Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB).
The panel reserved its decision after it listened to lawyers in the case. It said a date for judgement would be communicated to the parties.
Mr Kanu approached the appellate court, urging it to dismiss the Nigerian government’s seven counts charge bordering on terrorism and treasonable felony.
The IPOB leader is being tried before Binta Nyako of the Federal High Court in Abuja.
On 8 April, Mrs Nyako while ruling on the IPOB leader’s preliminary objection challenging the validity of the charge, struck out eight of the 15 counts.
He was accused of various offences in the 15 counts, including treasonable felony and terrorism, offences he allegedly committed in the course of his separatist campaigns.
The judge ruled that Counts 6, 7, 8, 9, 10, 11, 12, and 14 were incompetent for not disclosing any valid offences against the defendant.
She, however, ruled that Counts 1, 2, 3, 4, 5,13 and 15 disclosed valid charges against Mr Kanu.
Tuesday’s proceedings
At Tuesday’s proceedings, a three-member panel of the appellate court chaired by Jummai Hanatu said there was reason for it to inquire into the issue of Mr Kanu’s bail since the substantive appeal was due for hearing.
The IPOB leader’s lead counsel, Mike Ozekhome, a Senior Advocate of Nigeria (SAN), told the panel that his client was forcibly arrested in Kenya and illegally renditioned to Nigeria in June 2021.
Mr Ozekhome argued that Mr Kanu was first arraigned on December 23, 2015 and was later granted bail on April 25, 2017.
But citing reasons for Mr Kanu’s disappearance from Nigeria, Mr Ozekhome said, “My lords, he (Mr Kanu) was enjoying his bail without breaching the terms,” until his native home in Abia State was “invaded” by security forces of the federal government in September 2017.
“When the Appellant travelled from London to Kenya, agents of the Respondents, on June 27, 2021, forcefully abducted the Appellant, tortured and renditioned him back to the country without following any extradition process,” Mr Ozekhome told the appellate court.
Arguing against the validity of the pending seven counts, the defence lawyer said, “the charge appears to give the lower court a global jurisdiction over offences that were allegedly committed by the appellant (Mr Kanu), without specifying the location or date the said offences were committed.”
“There was no need for the lower court to have retained the remaining seven-count charge,” he said.
Mr Ozekhome urged the court “to strike out the remaining counts and hold that” the Nigerian government “has not established any prima-facie case against the appellant for which he could be tried.”
FG asks court to dismiss Kanu’s appeal
But the Nigerian government’s lawyer, David Kaswe, urged the court to dismiss the appeal for lacking in merit.
Mr Kaswe said Mr Kanu was returned to Nigeria in compliance with due process of the law.
“My lords, it took four years and huge resources to get the respondent arrested and brought back to face the charges against him,” Mr Kaswe told the panel.
He argued that “the trial court was even wrong to have struck out the eight counts as it did,” urging the Court of Appeal to dismiss the appeal.
Background
After Mr Kanu’s repatriation to Nigeria in June 2021, he was arraigned before Mr Nyako, where the court heard and struck out eight of the 15 counts charge.
The judge asked the prosecution to proceed to trial on the remaining seven charges, ordering the prosecuting lawyer, Shuaibu Labaran, to file a fresh proof of evidence before May 18, the next hearing date.
PREMIUM TIMES reported that the judge, in a separate ruling on 8 April, validated the federal government’s repatriation of Mr Kanu from Kenya to face the charges pending against him in Nigeria.
Below are the full details of the seven sustained charges and the eight counts that were struck out by the court:
SUSTAINED CHARGES
The judge ordered that the case proceeds to trial on Counts 1, 2, 3, 4, 5, 13 and 15.
Five of the sustained charges have to do with alleged acts of terrorism, including professing to be a member and leader of IPOB, a proscribed organisation, issuing inciteful and deadly threats against individuals, and issuing directives, among others.
Count 15 has to do with the illegal importation of a radio transmitter he declared as used household items in violation of section 47 (2) (a) of the Criminal Code Act. Cap, C45 Laws of the Federation of Nigeria 2004.
Full details of the counts:
Count 1
The prosecution alleged that Mr Kanu, of Afara Ukwu, Umuhahia North Local Government Area of Abia State, as a member of and leader of proscribed IPOB sometimes in September 2021, committed an act of terrorism against Nigeria and its people by allegedly making a broadcast received and heard in Nigeria with intent to intimidate the population, threatened that the people would die and that the whole world would standstill. The offence is said to be punishable under section 1(2)(b) of the Terrorism Prevention Amendment Act 2015.
Count 2
The prosecution accused him of committing “an act in furtherance of an act of terrorism” against Nigeria and its people made a broadcast received and heard in Nigeria within the jurisdiction of the court with intent to intimidate the population, issued a death threat against anyone who flouted his sit-at-home order.
Mr Kanu allegedly ordered whoever flouted the order should “write his/her will”, and as a result banks, schools, markets, shopping malls, and fuel stations domiciled in the eastern states of Nigeria must not open for business. Citizens, and vehicular movements, in the eastern states of Nigeria, the prosecution said, were grounded as a result of the sit-at-home order.
The prosecution said the offence is punishable under section 1(2)(b) of the Terrorism (Prevention) Amendment Act (2013).
Count 3
The prosecution also alleged that “on diverse dates” between 2018 and 2021 within the jurisdiction of this court, Mr Kanu professed himself to be a member and leader of IPOB, a proscribed organisation in Nigeria.
This, the prosecution said was an offence contrary to and punishments under section 16 of the Terrorism Prevision Amendment Act 2015.
Count 4
M Kanu also, allegedly, on diverse dates between 2018 and 2021, made a broadcast received and heard in Nigeria inciting members of the public in Nigeria in furtherance of an act of terrorism against Nigeria and its people to hunt and kill Nigerian security personnel.
The offence, according to the prosecution, is punishable under section 1(2)(h) of the Terrorism Prevention Amendment Act 2013.
Count 5
Mr Kanu, also on diverse dates between 2018 and 2021, allegedly broadcasted furtherance of an act of terrorism against Nigeria and its people, received and heard in Nigeria in furtherance of an act of terrorism, inciting members of the public in Nigeria a to hunt and kill families of Nigeria security personnel.
Count 13
Mr Kany also alleged between 2018 and 2021 made a broadcast received and heard in Nigeria with intent to incite violence, in furtherance of an act of terrorism against Nigeria and its people, directed members of the public to burn down every federal facility in Lagos resulting in major economic loss to the federal government.
The alleged offences, the prosecution says, are punishable under section 1(2) of the Terrorism (Prevention) Amendment) Act 2013.
Court 15
The prosecution also alleged that on diverse dates between March and April 2015 Mr Kanu was illegally imported into Nigeria and kept in Ubulisluzor in Ihiala Local Government Area of Anambra State, a radio transmitter known as Tram 50L concealed in a container of used household items which he declared as used household items.
The alleged offence was said to be contrary to section 47(2)(a) of Criminal Code Act CapC45 Laws of the Federation of Nigeria 2004.
STRUCK OUT CHARGES
Counts 6, 7, 8, 9, 10, 11, 12, and 14 struck out by the judge are all terrorism charges relating to his alleged inciting broadcast between 2018 and 2021.
The said broadcasts allegedly incited members of the public to harm or kill security personnel, “destabilise the fundamental political and economic structures of Nigeria by inviting members of the public to stop the Anambra State elections.”
He also allegedly incited members of the public to destroy or burn down transport and other public facilities in Lagos.
He also allegedly gave a sit-at-home order and threatened violence against anyone who violated the order.
The offences were said to be punishable under 1(2)(h) of the Terrorism Prevention Amendment Act 2013.
Section 6
Mr Kanu was alleged to have, on diverse dates between 2018 and 2021, made a broadcast received and heard in Nigeria, in furtherance of an act of terrorism against Nigeria and its people, inviting members of the public in Nigeria to attack officers of the Nigeria Police Force.
The offence is said to be punishable under 1(2)(h) of the Terrorism Prevention Amendment Act 2013.
Section 7
Mr Kanu also allegedly broadcasted 2018 and 2021 in furtherance of an act of terrorism against Nigeria and its people, inviting members of the public in Nigeria to kill officers of the Nigerian police officers.
The alleged offence, according to the prosecution, is similarly punishable under 1(2)(h) of the Terrorism
Section 8
The prosecution similarly alleged that, between 2018 and 2021, Mr Kanu made a broadcast received and heard in Nigeria in furtherance of an act of terrorism against Nigeria and its Nigeria directing members of IPOB, a proscribed organisation, to manufacture bombs.
The act, the federal government says, is an offence punishable under section 1 (2) (f) of the Terrorism (Prevention) (Amendment) Act 2013.
Count 9
The prosecution also alleged that between 2018 and 2021, Mr Kanu made a broadcast received and heard in Nigeria, in furtherance of an act of terrorism against Nigeria and its people, with the intent to destabilise the fundamental political and economic structures of Nigeria, invite members of the public to stop the Anambra State elections.
The offence is said to be punishable under section 1 (2) (h) of the Terrorism (Prevention) (Amendment) Act 2013.
Count 10
The prosecution also alleged that on diverse dates between 2018 and 2021, Mr Kanu made a broadcast received and heard in Nigeria, in furtherance of an act of terrorism against Nigeria and its people, with the intent to destabilise the fundamental political and economic structures of Nigeria, invite members of the public to destroy public facilities.
The offence was said to be punishable under section 1 (2) (h) of the Terrorism (Prevention) (Amendment) Act 2013.
Count 11
Also, between 2018 and 2021, Mr Kanu allegedly made a broadcast received and heard in Nigerian, with the intent to intimidate the population of Nigeria, in furtherance of an act of terrorism against Nigeria and its people, threatening members of the public not to come out on Monday, May 31, 2021.
This alleged offence, the prosecution says, is punishable under section 1 (2) (h) of the Terrorism (Prevention) (Amendment) Act 2013.
Count 12
Mr Kanu, also between 2018 and 2021, allegedly made a broadcast received and heard in Nigeria within Nigeria, inviting members of the public to stage a violent revolution in furtherance of an act of terrorism against Nigeria and its people.
The offence also allegedly violates and is punishable under section 1(2)(h) of the Terrorism Prevention) Amendment Act 2013.
Count 14
The IPOB leader, also on diverse dates between 2018 and 2021, allegedly made a broadcast received and heard in Nigeria with the intent to incite violence in furtherance of an act of terrorism against the Federal Republic of Nigeria and its people, directed members of the public to destroy public transport system in Lagos resulting in major economic loss to the government.
The prosecution says the alleged offence is punishable under section 1(2)(h) of the Terrorism (Prevention) Act 2013.
